[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 717 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
July 17, 2018.
Resolved, That the bill from the Senate (S. 717) entitled ``An Act
to promote pro bono legal services as a critical way in which to
empower survivors of domestic violence.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pro bono Work to Empower and
Represent Act of 2018'' or the ``POWER Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Extremely high rates of domestic violence, dating
violence, sexual assault, and stalking exist at the local,
State, tribal, and national levels and such violence or
behavior harms the most vulnerable members of our society.
(2) According to a study commissioned by the Department of
Justice, nearly 25 percent of women suffer from domestic
violence during their lifetime.
(3) Proactive efforts should be made available in all
forums to provide pro bono legal services and eliminate the
violence that destroys lives and shatters families.
(4) A variety of factors cause domestic violence, dating
violence, sexual assault, and stalking, and a variety of
solutions at the local, State, and national levels are
necessary to combat such violence or behavior.
(5) According to the National Network to End Domestic
Violence, which conducted a census including almost 1,700
assistance programs, over the course of 1 day in September
2014, more than 10,000 requests for services, including legal
representation, were not met.
(6) Pro bono assistance can help fill this need by
providing not only legal representation, but also access to
emergency shelter, transportation, and childcare.
(7) Research and studies have demonstrated that the
provision of legal assistance to victims of domestic violence,
dating violence, sexual assault, and stalking reduces the
probability of such violence or behavior reoccurring in the
future and can help survivors move forward.
(8) Legal representation increases the possibility of
successfully obtaining a protective order against an attacker,
which prevents further mental and physical injury to a victim
and his or her family, as demonstrated by a study that found
that 83 percent of victims represented by an attorney were able
to obtain a protective order, whereas only 32 percent of
victims without an attorney were able to do so.
(9) The American Bar Association Model Rules include
commentary stating that ``every lawyer, regardless of
professional prominence or professional workload, has a
responsibility to provide legal services to those unable to
pay, and personal involvement in the problems of the
disadvantaged can be one of the most rewarding experiences in
the life of a lawyer''.
(10) As leaders in their legal communities, judges in
district courts should encourage lawyers to provide pro bono
resources in an effort to help victims of such violence or
behavior escape the cycle of abuse.
(11) A dedicated army of pro bono attorneys focused on this
mission will inspire others to devote efforts to this cause and
will raise awareness of the scourge of domestic violence,
dating violence, sexual assault, and stalking throughout the
country.
(12) Communities, by providing awareness of pro bono legal
services and assistance to survivors of domestic violence,
dating violence, sexual assault, and stalking, will empower
those survivors to move forward with their lives.
SEC. 3. DISTRICT COURTS TO PROMOTE EMPOWERMENT EVENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for a period of 4 years, the chief
judge, or his or her designee, for each judicial district shall lead
not less than one public event, in partnership with a State, local,
tribal, or territorial domestic violence service provider or coalition
and a State or local volunteer lawyer project, promoting pro bono legal
services as a critical way in which to empower survivors of domestic
violence, dating violence, sexual assault, and stalking and engage
citizens in assisting those survivors.
(b) Districts Containing Indian Tribes and Tribal Organizations.--
During each 2-year period, the chief judge, or his or her designee, for
a judicial district that contains an Indian tribe or tribal
organization (as those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)) shall
lead not less than one public event promoting pro bono legal services
under subsection (a) of this section in partnership with an Indian
tribe or tribal organization with the intent of increasing the
provision of pro bono legal services for Indian or Alaska Native
victims of domestic violence, dating violence, sexual assault, and
stalking.
(c) Requirements.--Each chief judge shall--
(1) have discretion as to the design, organization, and
implementation of the public events required under subsection
(a); and
(2) in conducting a public event under subsection (a), seek
to maximize the local impact of the event and the provision of
access to high-quality pro bono legal services by survivors of
domestic violence, dating violence, sexual assault, and
stalking.
SEC. 4. REPORTING REQUIREMENTS.
(a) Report to the Director of the Administrative Office of the
United States Courts.--Not later than October 30 of each year, each
chief judge shall submit to the Director of the Administrative Office
of the United States Courts a report detailing each public event
conducted under section 3 during the previous fiscal year.
(b) Report to Congress.--
(1) In general.--Not later than January 1 of each year, the
Director of the Administrative Office of the United States
Courts shall submit to Congress a compilation and summary of
each report received under subsection (a) for the previous
fiscal year.
(2) Requirement.--Each comprehensive report submitted under
paragraph (1) shall include an analysis of how each public
event meets the goals set forth in this Act, as well as
suggestions on how to improve future public events.
SEC. 5. FUNDING.
The Administrative Office of the United States Courts shall use
existing funds to carry out the requirements of this Act.
Attest:
Clerk.
115th CONGRESS
2d Session
S. 717
_______________________________________________________________________
AMENDMENT